Family and Medical Leave - NC
Family and Medical Leave
|Purpose |The Family and Medical Leave Act of 1993 was passed by Congress to balance the demands of the workplace with the |
| |needs of families, to promote the stability and economic security of families, and to promote national interests |
| |in preserving family integrity; to minimize the potential for employment discrimination on the basis of sex by |
| |ensuring generally that leave is available for eligible medical reasons (including maternity-related disability) |
| |and for compelling family reasons; and to promote the goal of equal employment opportunity for women and men. |
|Definitions |Following are the definitions of terms used in this policy: |
|Term |Definition |
|Parent |a biological or adoptive parent or an individual who stood in loco parentis (a |
| |person who is in the position or place of a parent) to an employee when the |
| |employee was a child. |
|Child |a son or daughter who is: |
| |under 18 years of age, or |
| |is 18 years of age or older and incapable of self-care because of a mental or |
| |physical disability |
| | |
| |and who is: |
| |a biological child, |
| |an adopted child, |
| |a foster child (a child for whom the employee performs the duties of a parent as|
| |if it were the employee’s child), |
| |a step-child (a child of the employee’s spouse from a former marriage), |
| |a legal ward (a minor child placed by the court under the care of a guardian), |
| |or |
| |a child of an employee standing in loco parentis. |
|Spouse |A husband or wife recognized by the State of North Carolina |
|Next of Kin |The nearest blood relative of the employee. |
| |(To be defined further when finalized by the Department of Labor.) |
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|Definitions (continued) |
|Covered Service Member |A member of the Uniformed Services who is undergoing medical treatment, |
| |recuperation, or therapy, is otherwise in outpatient status, or is otherwise on |
| |the temporary disability retired list, for a serious injury or illness. |
|Serious Health Condition |an illness, injury, impairment, or physical or mental condition that involves: |
| |1. inpatient care (i.e., an overnight stay) in a hospital, hospice or |
| |residential medical facility, including any period of incapacity (defined to |
| |mean inability to work, attend school or perform other regular daily activities |
| |due to the serious health condition, treatment for or recovery from), or any |
| |subsequent treatment in connection with such impairment; or |
| |2. continuing treatment by a health care provider involving one or more of the |
| |following: |
| |a. a period of incapacity as defined above of more than three consecutive days, |
| |and any subsequent treatment or period of incapacity relating to the same |
| |condition that also involves: |
| |treatment two or more times by a health care provider, by a nurse or physician’s|
| |assistant under the direct supervision of a health care provider, or a provider |
| |of health care services (e.g., physical therapist) under orders of, or on |
| |referral by a health care provider, or |
| |treatment on a least one occasion resulting in a regime of continuing treatment |
| |under the supervision of the health care provider (course of prescription |
| |medication, i.e., antibiotic, or therapy requiring special equipment to |
| |alleviate the health condition, i.e., oxygen) |
| |b. any period of incapacity due to pregnancy or for prenatal care, even when the|
| |employee or family member does not receive treatment from a health care provider|
| |during the absence and even if the absence does not last more than three days |
| |(prenatal examinations, severe morning sickness) |
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|Definitions (continued) |
|Serious Health Condition |c. any period of incapacity or treatment due to a “chronic serious health |
|(continued) |condition,” even when the employee or family member does not receive treatment |
| |from a health care provider during the absence and even if the absence does not |
| |last more than three days, which is defined as one: |
| |requiring periodic visits or treatment by a health care provider, or by a nurse |
| |or physician’s assistant under the direct supervision of a health care provider,|
| |continuing over an extended period of time (including recurring episodes of a |
| |single underlying condition), and |
| |which may cause episodic rather than continuing period(s) of incapacity (e.g., |
| |asthma, diabetes, epilepsy, etc.) |
| |d. incapacity for a permanent or long-term condition for which treatment may not|
| |be effective (Alzheimer’s, a severe stroke or terminal stages of a disease) |
| |e. multiple treatments for restorative surgery or incapacity for serious |
| |conditions that would likely result in a period of incapacity of more than three|
| |consecutive calendar days in the absence of medical intervention or treatment |
| |(chemotherapy, radiation, dialysis, etc.) |
| |f. in case of a member of the Uniformed Services, “serious injury or illness” |
| |means an injury or illness incurred by the member in line of duty on active duty|
| |in the Uniformed Services that may render the member medically unfit to perform |
| |the duties of the member’s office, grade, rank or rating. |
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|Definitions (continued) |
| |Advisory Note: Treatment includes, but is not limited to, examinations to determine if a serious health condition |
| |exists and evaluations of the condition. Treatment does not include routine physical examinations, eye |
| |examinations, or dental examinations. Ordinarily, unless complications arise, the following are examples of |
| |conditions that do not meet the definition: common cold, flu, ear aches, upset stomach, minor ulcers, headaches |
| |other than migraine, routine dental or orthodontia problems, periodontal disease, cosmetic treatments, etc. The |
| |following may meet the definition if all other conditions of this section are met: restorative dental or plastic |
| |surgery after an injury or removal of cancerous growths, mental illness resulting from stress or allergies, |
| |treatment from substance abuse. |
|Outpatient Status of Covered |“Outpatient status,” with respect to a covered service member, means the status |
|Service Member |of a member of the Uniformed Services assigned to a military medical treatment |
| |facility as an outpatient or a unit established for the purpose of providing |
| |command and control of the Uniformed Services receiving medical care as |
| |outpatients. |
|Qualifying Exigency |(To be defined by the Secretary of Labor by regulation.) |
|Contingency Operation |A call or order to, or retention on, active duty of members of the Uniformed |
| |Services during a war or during a national emergency declared by the President |
| |or Congress. |
|Health Care Provider |a Doctor of medicine or osteopathy who is authorized to practice medicine or |
| |surgery in the State of North Carolina, or any other person determined by |
| |statute, credential or licensure to be capable of providing health care services|
| |which include: |
| | Podiatrists | Optometrists |
| |Dentists |Nurse practitioners |
| |Clinical psychologists |Nurse midwives |
| |Clinical social workers |Chiropractors |
| | Health care providers from whom state approved group and HMO health plans will |
| |accept certification of a serious health condition to substantiate a claim for |
| |benefits |
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|Health Care Provider | Foreign health care providers in above stated areas who are authorized to |
|(continued) |practice in that country and who are performing within the scope of the laws |
| |Christian Science practitioners listed with First Church of Christian Scientists|
| |in Boston, MA. |
| |(Note: In this situation, the employee cannot object to an agency requirement to|
| |obtain a second or third certification other than a Christian Science |
| |practitioner.) |
|Workweek |the number of hours an employee is regularly scheduled to work each week, |
| |including holidays |
|Reduced Work Schedule |a work schedule involving less hours than an employee is regularly scheduled to |
| |work |
|Intermittent Work Schedule |a work schedule in which an employee works on an irregular basis and is taking |
| |leave in separate blocks of time, rather than for one continuous period of time,|
| |usually to accommodate some form of regularly scheduled medical treatment |
|12-Month Period |the 12-month period measured forward from the date any employee’s family and |
| |medical leave begins. |
|Covered Employees and |An employee’s eligibility for family and medical leave shall be made based on the employee’s months of service and|
|Eligibility |hours of work as of the date leave is to commence. |
| | |
| |An employee is eligible if: |
| |Full-time | has 12 months cumulative service with State |
| |Permanent, probationary, |government (including temporary), and |
| |trainee, or time-limited, or |has been in pay status at least 1040 hours during |
| |Part-time (half-time or more) |the previous 12-months. |
| |Permanent, probationary, | |
| |trainee, or time-limited | |
| |Temporary, intermittent, or | has 12 months cumulative service and |
| |part-time (less than half-time) |has been in pay status at least 1250 hours during |
| |Note: This leave shall be without pay. |the previous 12 months. |
| |Advisory Note: Time spent in the National Guard or reserves count as time worked to determine eligibility for FML.|
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|Amount of Leave and |(1) An eligible employee is entitled to a total of 12 workweeks, paid or unpaid, leave during any 12-month period:|
|Qualifying Reasons for | |
|Leave |Advisory Note: This leave is provided for both spouses even if employed in the same agency. |
| |for the birth of a child and to care for the newborn child after birth, provided the leave is taken within a |
| |12-month period following birth, or |
| |Note: An expectant mother may also take FMLA leave before the birth of the child for prenatal care or if her |
| |condition makes her unable to work, or requires a reduced work schedule. |
| |for the placement of or to care for a child placed with the employee for adoption or foster care, provided the |
| |leave is taken within a 12-month period following placement, or |
| |Note: FMLA leave must also be granted before the actual placement or adoption of a child if an absence from work |
| |is required for the placement for adoption or foster care to proceed. |
| |for the employee to care for the employee’s child, spouse, or parent, where that child, spouse, or parent has a |
| |serious health condition, (also, see the Family Illness Leave Policy for extended leave for up to an additional 52|
| |weeks for these reasons),or |
| |because the employee has a serious health condition that prevents the employee from performing one or more |
| |essential functions of the position, or |
| |because of any qualifying exigency arising out of the fact that the spouse, or a son, daughter, or parent of the |
| |employee is on active duty (or has been notified of an impending call or order to active duty) in the Uniformed |
| |Services in support of a contingency operation. |
| | |
| |Service Member Family Leave – An eligible employee who is the spouse, son, daughter, parent, or next of kin of a |
| |covered service member shall be entitled to a total of 26 workweeks of leave during a 12-month period to care for |
| |the service member. The leave shall only be available during a single 12-month period. |
| |During the single 12-month period, an eligible employee shall be entitled to a combined total of 26 workweeks of |
| |leave under (1) and (2). |
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|What counts towards the |Paid or Unpaid Leave - All approved periods of paid leave and periods of leave without pay (including leave |
|12 or 26 weeks leave? |without pay while drawing short-term disability benefits) count towards the 12 (or 26, as appropriate) workweeks |
| |to which the employee is entitled. This includes leave taken under the Voluntary Shared Leave Policy. |
| | |
| |Workers’ Compensation Leave - If an employee is out on workers’ compensation leave drawing temporary total |
| |disability, the time away from work is not considered as a part of the FMLA entitlement. |
| | |
| |Compensatory Leave - The agency cannot require a FLSA subject employee to use compensatory time for unpaid FMLA |
| |leave. If an agency has a compensatory leave policy for FLSA exempt employees, they may require the exempt |
| |employee to use compensatory time for unpaid FMLA leave. |
|Leave Charges Options |The employee has the following options for charging leave: |
|If leave is for: |the employee |
|Birth (applies to both parents)|may choose to exhaust all or any portion of sick leave and/or vacation/bonus leave|
|and child care after birth |or go on leave without pay during the period of disability. Only vacation/bonus |
| |or leave without pay may be used before and after the period of disability unless |
| |the sick leave policy becomes appropriate for medical conditions affecting the |
| |mother or child. |
|Adoption |may choose to exhaust available vacation/bonus leave(or any portion), a maximum of|
| |30 days sick leave (see Sick Leave Policy), or go on LWOP. |
|Foster Care |may choose to exhaust available vacation/bonus leave (or any portion) or go on |
| |LWOP. |
|Illness of Child, Spouse, |may choose to exhaust available sick and/or vacation/bonus leave, or any portion, |
|Parent |or go on LWOP. |
|Employee’s Illness |does not have the option of taking leave without pay if sick leave is available; |
| |however, the employee may use vacation/bonus leave in lieu of sick leave. If the |
| |illness extends beyond the 60-day waiting period required for short-term |
| |disability, the employee may choose to exhaust the balance of available leave or |
| |begin drawing short-term disability benefits. |
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|Uniformed Services Family |may choose to exhaust available sick and/or vacation/bonus leave, or any portion, |
|Member |or go on LWOP to care for a injured family member, or |
| | |
| |may use vacation/bonus leave, or any portion, or go on LWOP to deal with issues |
| |arising because the family member is on active duty or has been called to active |
| |duty. |
|Intermittent Leave or |Leave may be taken intermittently or on a reduced schedule for the following: |
|Reduced Work Schedule | |
| |When medically necessary, to care for the employee’s child, spouse, or parent who has a serious health condition, |
| |or because the employee has a serious health condition. (This would also apply to next of kin to care for a |
| |service member.) |
| | |
| |Because of any qualifying exigency arising out of the fact that the spouse, son daughter, or parent is on active |
| |duty or has been notified of an impending call or order to active duty. |
| | |
| |When leave is taken after childbirth or for adoption/foster care, the employee may take leave intermittently or on|
| |a reduced schedule only if the agency agrees. |
| | |
| |There is no minimum limitation on the amount of leave taken intermittently; however, the agency may not require |
| |leave to be taken in increments of more than one hour. |
| | |
| |If leave is foreseeable, based on planned medical treatment, the agency may require the employee to transfer |
| |temporarily to an available alternative position for which the employee is qualified and that has equivalent pay |
| |and benefits and better accommodates recurring periods of leave. |
| | |
| |Only the time actually taken as leave may be counted toward the leave entitlement. |
| |Example: An employee normally works 40 hours each week. The employee is on a reduced work schedule of 20 hours |
| |per week. The FMLA leave may continue for up to 24 calendar weeks. |
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|Intermittent Leave or |Procedure: If an employee works a reduced or intermittent work schedule and does not use paid leave to make up the|
|Reduced Work Schedule |difference between the normal work schedule and the new temporary schedule to bring the number of hours worked up |
|(continued) |to the regular schedule, the agency must submit a personnel action form showing a change in the number of hours |
| |the employee is scheduled to work. This will result in an employee earning pay and leave at a reduced rate. The |
| |agency remains responsible for paying the employee’s medical premium. |
|AGENCY RESPONSIBILITIES |
| | |
|Notification of FMLA |In addition to posting the FMLA provisions, the agency must include the FMLA provisions in all written |
|Provisions |publications, such as handbooks, etc. In addition, each time an employee provides notice of the need for FMLA |
| |leave, the agency shall provide the employee with written notice detailing the specific expectations and |
| |obligations of the employee and explaining any consequences of a failure to meet these obligations. |
| | |
| |Note: Agencies may duplicate and provide the employee a copy of the FMLA Fact Sheet available from the Wage and |
| |Hour Division. |
|Notice of Eligibility |It is the agency’s responsibility to determine that an employee is eligible for FMLA leave. If an employee |
| |notifies the agency of the need for FMLA leave before the employee meets the eligibility criteria, the agency is |
| |required to: |
| |confirm the employee’s eligibility effective on the date leave is to start, or |
| |advise the employee when the requirement will be met. |
| |This decision cannot be reversed. No additional notice for FMLA leave from the employee is required. |
| | |
| |If the agency does not advise the employee whether the employee is eligible prior to the date the leave is to |
| |start, the employee will be deemed eligible. The agency may not, then, deny the leave. |
| | |
| |If the employee does not give notice of the need for leave more than two workdays before beginning leave, the |
| |employee will be deemed to be eligible unless notified of ineligibility within two workdays of the date the notice|
| |is received. |
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|Designation of Leave as |It is the responsibility of the agency to: |
|FMLA Leave |determine that leave requested is for a FMLA qualifying reason, and |
| |designate leave, whether paid or unpaid, as FMLA leave even when an employee would rather not use any of the FMLA |
| |entitlement. |
| | |
| |The key in designating FMLA leave is the qualifying reason(s), not the employee’s election or reluctance to use |
| |FMLA leave or to use all, some or none of the accrued leave. The agency’s designation must be based on information|
| |obtained from the employee or an employee’s representative (e.g., spouse, parent, physician, etc.). |
|Designation of Paid Leave|When an employee gives notice of the need for FMLA leave and the employee is using paid leave, whether required or|
|as FMLA Leave |optional, the agency shall designate whether it qualifies for FMLA leave before the leave starts. If information |
| |is not sufficient to make the determination, the agency shall require the employee to provide the information. All|
| |leave taken can be designated as FMLA leave; however, if sufficient information was available and the designation |
| |or notice was not given, the leave cannot be designated as FMLA leave retroactively. |
| | |
| |When an employee is on paid leave but has not given notice of the need for FMLA leave, the agency shall, after a |
| |period of 10 workdays, request that the employee provide sufficient information to establish whether the leave is |
| |for a FMLA-qualifying reason. This does not preclude the agency from requesting the information sooner, or at any |
| |time an extension is requested. |
| | |
| |If an absence which begins as other than FMLA leave later develops into an FMLA qualifying absence, the entire |
| |portion of the leave period that qualifies under FMLA may be counted as FMLA leave. |
| | |
| |Once the agency has knowledge that the leave is being taken for an FMLA required reason, the agency must, within |
| |two business days absent extenuating circumstances, notify the employee that the leave is designated and will be |
| |counted as FMLA leave. The notice may be oral or in writing, but must be confirmed in writing no later than the |
| |following payday. |
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|Designation of FMLA Leave|The agency may not designate leave that has already been taken as FMLA leave after the employee returns to work, |
|After Return to Work |with two exceptions: |
| |if an employee is out for a reason that qualifies for FMLA leave and the agency does not learn of the reason for |
| |the leave until the employee returns to work, the agency may designate the leave as FMLA leave within two business|
| |days of the employee’s return; or |
| |if the agency has provisionally designated the leave under FMLA leave and is awaiting receipt from the employee of|
| |documentation. |
| |Similarly, the employee is not entitled to the protection of the FMLA if the employee gives notice of the reason |
| |for the leave later than two days after returning to work. |
|EMPLOYEE RESPONSIBILITIES |
| | |
|Notice |The employee shall give notice to the supervisor of the intention to take leave under this policy unless the leave|
| |is a medical emergency. The employee must explain the reasons for the needed leave in order to allow the agency to|
| |determine that the leave qualifies under the Act. |
|If the reason for leave is foreseeable |the employee shall: |
|and is: | |
|For Birth/Adoption/Foster Care |give the agency not less than a 30-day notice, in writing. If the |
| |date of the birth or adoption requires leave to begin in less than 30 |
| |days, the employee shall provide such notice as is practicable, which |
| |means within one or two business days of when the need for leave |
| |becomes known to the employee. |
|For Planned Medical Treatment |(1) make a reasonable effort to schedule the treatment so as not to |
| |disrupt unduly the operations and |
| |(2) give not less than a 30-day notice. If the date of the treatment |
| |requires leave to begin in less than 30 days, the employee shall |
| |provide such notice as is practicable. |
|Due to Active Duty of Family Member |provide such notice as is reasonable and practicable. |
| |If the employee will not return to work after the period of leave, the agency shall be notified in writing. |
| |Failure to report at the expiration of the leave, unless an extension has been requested, may be considered as a |
| |resignation. |
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|CERTIFICATION |
|Certification |The employee shall provide certification in accordance with the provisions listed below. If the employee does not |
| |provide medical certification, any leave taken is not FMLA leave. |
|Certification |The employee shall provide, in a timely manner, a copy of the health care provider’s certification. |
|Requirements | |
| |Certification shall be sufficient if it states the following: |
| |The date on which the serious health condition commenced; |
| |The probable duration of the condition; |
| |The appropriate medical facts within the knowledge of the health care provider regarding the condition; |
| |When caring for a child, spouse or parent, a statement that the employee is needed and an estimate of the amount |
| |of time that such employee is needed; |
| |When for the employee’s illness, a statement that the employee is unable to perform the functions of the position;|
| |When for intermittent leave, or leave on a reduced work schedule, for planned medical treatment, the dates on |
| |which treatment is expected and the duration; |
| |When for intermittent leave, or leave on a reduced work schedule for the employee’s illness, a statement of the |
| |medical necessity for the arrangement and the expected duration; |
| |When for intermittent leave, or leave on a reduced work schedule, to care for a child, parent or spouse, a |
| |statement that the arrangement is necessary or will assist in their recovery and the expected duration. |
| |INCLUDE CERTIFICATION REQUIREMENT FOR EXIGENCIES WHEN DOL ISSUES IT. |
| | |
| |Note: Medical Certification Form - Form WH-380, developed by the Department of Labor as an optional form for use |
| |in obtaining medical certification, including second and third opinions, may be used. Another form containing the|
| |same basic information may be used; however, no information in addition to that requested on Form WH-380 may be |
| |required. |
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|Validity of Certification|If an employee submits a complete certification signed by the health care provider, the agency may not request |
| |additional information; however, a health care provider representing the agency may contact the employee’s health |
| |care provider, with the employee’s permission, for purposes of clarification and authenticity of the medical |
| |certification. |
| | |
| |Second Opinion - An agency that has reason to doubt the validity of a medical certification may require the |
| |employee to obtain a second opinion with the following conditions: |
| |The agency bears the expenses, including reasonable “out of pocket” travel expenses. |
| |The agency may not require the employee or family member to travel outside normal commuting distance except in |
| |very unusual circumstance. |
| |Pending receipt of the second (or third) opinion, the employee is provisionally entitled to FLMA leave. |
| |If the certifications do not ultimately establish the employee’s entitlement to FMLA leave, the leave shall not be|
| |designated as FMLA leave. |
| |The agency is permitted to designate the health care provider to furnish the second opinion, but the selected |
| |health care provider may not be employed on a regular basis by the agency unless the agency is located in an area |
| |where access to health care is extremely limited. |
| | |
| |Third Opinion - If the opinions of the employee’s and the agency’s designated health care providers differ, the |
| |agency may require the employee to obtain certification from a third health care provider, again at the agency’s |
| |expense. This third opinion shall be final and binding. The third health care provider must be designated or |
| |approved jointly by the agency and the employee. |
| | |
| |The agency is required to provide the employee, within two business days, with a copy of the second and third |
| |medical opinions, where applicable, upon request by the employee. |
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|Recertification of |An agency may request recertification no more often than every 30 days unless: |
|Medical Conditions |an extension is requested, |
| |circumstances described by the previous certification have changed significantly, or |
| |the agency receives information that casts doubt upon the employee’s stated reason for the absence. |
| | |
| |If the minimum duration specified on a certification is more than 30 days, the agency may not request |
| |recertification until that minimum duration has passed unless one of the conditions above is met. |
| | |
| |The employee must provide the requested recertification to the agency within the time frame requested by the |
| |agency (which must allow at least 15 calendar days after the agency’s request), unless it is not practicable under|
| |the particular circumstances. |
| | |
| |Any recertification requested by the agency shall be at the employee’s expense unless the agency provides |
| |otherwise. No second or third opinion on recertification may be required. |
|EMPLOYMENT AND BENEFITS PROTECTION |
|Reinstatement |The employee shall be reinstated to the same position held when the leave began or one of like pay grade, pay, |
| |benefits, and other conditions of employment. The agency may require the employee to report at reasonable |
| |intervals to the agency on the employee’s status and intention to return to work. The agency may require that the |
| |employee provide certification that the employee is able to return to work. |
| | |
| |Reinstatement is not required if an employee is reduced in force during the course of taking FMLA leave. The |
| |agency has the burden of proving that the reduction would have occurred had the employee not been on FMLA leave. |
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|Benefits |The employee shall be reinstated without loss of benefits accrued when the leave began. All benefits accrue during|
| |any period of paid leave; however, no benefits will be accrued during any period of leave without pay. |
|Health Benefits |The State shall maintain coverage for the employee under the State’s group health plan for the duration of leave |
| |at the level and under the conditions coverage would have been provided if the employee had continued employment. |
| |Any share of health plan premiums which an employee had paid prior to leave must continue to be paid by the |
| |employee during the leave period. The agency must give advance written notice to employees of the terms for |
| |payment of premiums during FMLA leave. The obligation to maintain health insurance coverage stops if an employee’s|
| |premium payment is more than 30 days late. The agency shall provide 15 days notice that coverage will cease. |
| | |
| |If the employee’s failure to make the premium payments leads to a lapse in coverage, the agency must still restore|
| |the employee, upon return to work, to the health coverage equivalent to that which the employee would have had if |
| |leave had not been taken and the premium payments had not been missed without any waiting period or preexisting |
| |conditions. |
| | |
| |Advisory Note: Even if the employee chooses not to maintain group health plan coverage for dependents or if |
| |coverage lapses during FMLA leave, the employee is entitled to be reinstated on the same terms as prior to taking |
| |leave, including family or dependent coverage, without any qualifying period, physical examination, exclusion of |
| |pre-existing condition, etc. Therefore, the agency should assure that health benefits coverage will be reinstated;|
| |otherwise, the agency would need to pay the premium and recover it after the employee returns to work. |
| | |
| |The agency may recover the premiums if the employee fails to return after the period of leave to which the |
| |employee is entitled has expired for a reason other than the continuation, recurrence, or onset of a serious |
| |health condition or other circumstances beyond the employee’s control. |
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|INTERFERENCE WITH RIGHTS |
| | |
|Actions Prohibited |It is unlawful to interfere with, restrain, or deny any right provided by this policy or to discharge or in any |
| |other manner discriminate against an employee for opposing any practice made unlawful by this policy. |
|Protected Activity |It is unlawful to discharge or in any other manner discriminate against any employee because the employee does any|
| |of the following: |
| |files any civil action, or institutes or causes to be instituted any civil proceeding under or related to this |
| |policy; |
| |gives, or is about to give, any information in connection with any inquiry or proceeding relating to any right |
| |provided by this policy; or |
| |testifies, or is about to testify, in any inquiry or proceeding relating to any right provided under this policy. |
|ENFORCEMENT |
| | |
|Violations |Denial of leave requested pursuant to the Family and Medical Leave Act is a grievable issue and employees, except |
| |for ones in exempt positions (policymaking, exempt managerial, confidential assistants, confidential secretaries |
| |and chief deputy or chief administrative assistant), may appeal under the State Personnel Act. |
| | |
| |Violations can result in any of the following or a combination of any of the following and are enforced by the U. |
| |S. Secretary of Labor: |
| |U. S. Department of Labor investigation, |
| |Civil liability with the imposition of court cost and attorney’s fees, or |
| |Administrative action by the U. S. Department of Labor. |
Continued on next page
Family and Medical Leave, Continued
|POSTING AND RECORDKEEPING REQUIREMENTS |
| | |
|Posting |Agencies are required to post and keep posted, in a conspicuous place, a notice explaining the FMLA provisions and|
| |providing information concerning the procedures for filing complaints of violations of the Act with the U. S. |
| |Department of Labor, Wage and Hour Division. |
| |Note: Copies of the required notice may be obtained from local offices of the Wage and Hour Division. |
|Records |Agencies are required to keep records for no less than three years and make them available to the Department of |
| |Labor upon request. |
| | |
| |In addition to the records required by the Fair Labor Standards Act, the agency must keep records of: |
| |dates FMLA leave is taken, |
| |hours of leave if less than a full day, |
| |copies of employee notices, |
| |documents describing employee benefits, |
| |premium payments of employee benefits, and |
| |records of any disputes. |
| | |
| |Records and documents relating to medical certifications, recertifications or medical histories of employees or |
| |employees’ family members, created for purposes of FMLA, shall be maintained as confidential medical records in |
| |separate files/records from the usual personnel files, and if ADA is also applicable, such records shall be |
| |maintained in conformance with ADA confidentiality requirements, except that: |
| |Supervisors and managers may be informed regarding necessary restrictions on the work or duties of an employee and|
| |necessary accommodations. |
| |First aid and safety personnel may be informed (when appropriate) if the employee’s physical or medical condition |
| |might require emergency treatment. |
| |Government officials investigating compliance with FMLA (or other pertinent law) shall be provided relevant |
| |information upon request. |
FOR FURTHER INFORMATION, SEE THE FAMILY AND MEDICAL LEAVE ACT OF 1993.
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